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If the two sides fight and do not reconcile, they will be detained, and administrative detention is generally required.
If the two sides fight and do not reconcile, they will be detained, and administrative detention is generally required. Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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Generally, mediation should be conducted by the public security organs, and those who fail to mediate will be detained. According to the provisions of the Public Security Administration Punishment Law, where the circumstances of the fight and brawl are relatively minor, the public security organs may mediate and handle it, and where an agreement is reached through mediation, no punishment may be given, and where mediation fails, a public security punishment may be given.
Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments beats others, or intentionally harms others, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB:
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Legal Analysis: Both sides may be detained if they fight and do not reconcile. If both parties do not agree to mediation, the public security organs may first review the case in isolation, analyze the circumstances of the case, and make a handling plan, and if they are not satisfied, they may file a lawsuit with the people's court.
According to the viciousness of the fighting between the two parties, they may face an administrative penalty of fines and detention for 15 days, and if the circumstances are serious, they will be suspected of the crime of intentional injury, and criminal responsibility should be investigated.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; 3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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There are 4 types of people who may not be punished by public security detention:
Over the age of one;
2. Pregnant or breastfeeding a child under the age of 1;
3. Those who have reached the age of 14 but are not under the age of 16 are not subject to administrative detention;
4. Those who have reached the age of 16 but are less than 18 weeks old and who have violated the law for the first time shall not be punished with administrative detention.
1. If I am pregnant, will I be detained in the future?
Women who are pregnant or breastfeeding their babies under the age of one are not to be punished by administrative detention. Therefore, administrative detention may be imposed on women who have become pregnant, but it will not be enforced. There are four types of public security penalties in which detention is not carried out:
Those who have reached the age of 14 but are not yet 16 years old; Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time; Over the age of 70; Those who are pregnant or breastfeeding their own infant under the age of one.
II. Under what circumstances may administrative detention be waived.
1) Those who have reached the age of 14 but are not yet 16 years old;
2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;
3) 70 years of age or older;
4) Pregnant or breastfeeding a child under the age of one;
5) Those who are mentally ill or have infectious diseases that require isolation**;
6) The condition is serious and may endanger life safety.
3. What diseases can be exempted from administrative detention.
Detainees suffering from infectious diseases, mental illness, or other serious illnesses may not be subject to administrative detention. In addition: those who have reached the age of 14 but are under the age of 16; Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time; Those who are over 70 years old and are pregnant or breastfeeding their babies under the age of one may also be exempted from administrative detention.
Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained. >>>More
Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained. >>>More
Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained. >>>More
Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained. >>>More
Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained. >>>More